World Parks Congress, Sydney 14 Nov. 2014 A rights-based tool to improve governance and equity in protected areas World Parks Congress, Sydney 14 Nov. 2014

What are its objectives? To realise the new conservation paradigm by: Enabling indigenous peoples/ local communities affected by protected areas to address and redress the effects of injustices against them in the name of conservation. Celebrating and promoting best practice and successful partnerships between indigenous peoples/ local communities and protected areas.

Where does it come from? Part 1 Basis for equity: Durban Accord (WPC 2003) Full participation in establishing and managing PAs Recognition of, and support for, community conservation Traditional knowledge and customary laws and resource management practices should be respected, promoted and integrated into PAs Future PAs in full compliance with rights Costs and benefits related to protected areas should be equitably distributed Historical injustices caused through the establishment of PAs should be addressed, through compensation and/or restitution (mechanisms for restitution by 2010 for lands taken without FPIC)

Where does it come from? Part 2 WCC 2008 and ‘Sharing Power’ 2011 CEESP’s “Sharing Power: A New Vision for Development” conference in Whakatane Jan 2011, on the implementation of IUCN Resolutions: WCC4 Resolution 4.048 calling for “a mechanism to … advance the key recommendations of the Durban Accord and Durban Action Plan …” and Resolution 4.052 ‘Implementing the UNDRIP’ which calls for IUCN to set up a Taskforce force to examine the application of the Declaration to every aspect of IUCN’s work, and the development of: “a mechanism to address and redress the effects of historic and current injustices against indigenous peoples in the name of conservation of nature and natural resources”.

Methodology Through multi-stakeholder fieldwork in a protected area and through high-level dialogue, it enables park authorities, government, indigenous peoples / local communities and relevant organisations to develop a common strategy to address and resolve conflicts in protected areas and/or promote good practice. Has the potential to be effective because of: (1) The experience and convening power of IUCN   (2) International Human Rights law, UNDRIP and FPIC (3) Shared evidence based on facts through fieldwork

How does it work? Steering Committee considers IPs/LCs request; Initial presentation & request to national authorities; Task force created including all parties concerned 1st Roundtable brings all right-holders and stakeholders to the table; Assessment of situation through field visit; Validation of findings by IPs / LCs; 2nd Roundtable decides road map; Implementation, follow up and monitoring.

Field team composition of pilot Whakatane assessments Indicative composition of the team: 2 from IUCN 4 from indigenous peoples’ organizations 2 from non-indigenous local people (where relevant) 2 representatives of the government 2 from FPP 2 from relevant conservation organization(s) or relevant NGO

Pilot Whakatane Assessment in Mt Elgon, Kenya 1938: Creation of Mt Elgon Forest Reserve - Evictions of Ogiek began from ‘forest reserves’ below Chepkitale 1968: Mt Elgon National Park created – Total eviction of Ogiek from ‘park’ 2000: Chepkitale National Reserve created as requested by Mt Elgon County Council with IUCN technical support - Final evictions from their land, but people resisted, and remain there 2011: IUCN/ IPO/ FPP pilot Whakatane Assessment

What are the current results of Whakatane and of Ogiek struggle at Mt Elgon? Mt. Elgon County Council unanimous resolution to revert the land back to community (2013) Ministry of Environment team makes positive assessment of sustainability of Ogiek (2013) Ogiek Sustainability bylaws developed & adopted by community (2013) Ogiek Community rangers arrest intruders: stopping charcoal burning & elephant poaching (2013-14); & to be trained by KWS Seeking legal ownership through National Land Commission and Community Land Bill (2012-date)

Pilot Assessment in Ob Luang, Thailand 1991: Park established with no consultation. Late 1990s: Karen and Hmong communities harassed (including arrests) and threatened by resettlement. Conflict in highlands and lowlands. 2003-2006: community mapping and customary use studies demonstrate communities’ capacity to manage environment. 2005-2009: JoMPA starts resolving conflict. 2012: WA consolidates collaborative approach, celebrates good practice and provide recommendations for further improvement

Thailand: land use map of Khuntae village Total area: 15,337 Rai Farming: 1,730 (11.2%) Use Forest: 7,210 (47%) Conservation 5,855 (38.2%) Govt Project: 364 (2.4%) Settlements: 178 (1.2%) [total forest area: 85.2%] Rotational fields 935 Rai Ritual forest 1,593 Rai Public land 51 Rai Burial grounds 296 Rai Community conserved forest 1,297 Rai Use forest 7,159 Rai Traditional forbidden forest 67 Rai Spring area 2,602 Rai Government reforestation 232 Rai Grazing area Settlement 178 Rai Queen project 132 Rai Paddy 795 Rai 12

Recommendations from Ob Luang pilot assessment Strengthen the joint management approach by enhancing role of indigenous communities in the overall governance and management of the park Recognise full community rights over customary areas Address how the park can contribute to enhance people’s livelihoods Use Ob Luang as a model for other national parks in the country, especially where top-down exclusionary conservation approaches (including violent eviction) are still in use Reform outdated national laws and policies We require funds for these activities!

Whakatane Pilot Assessment in Kahuzi-Biega, DRC Bambuti Batwa people evicted from park 40 years ago, generating poverty and marginalisation 2014 Whakatane Assessment Resulting road map promises dialogue as equals. Proposes: Short term: access to land and resources, education, health, jobs, benefit sharing of park revenues Long term: identify park periphery lands for restitution, ongoing discussion concerning legal and policy changes for collective land ownership in Kahuzi Biega.

Next steps Launch at WPC (on Friday 14th November) Establishment of Steering Committee Location: IUCN CEESP Representation: IPOs, IUCN, CIHR, FPP Fundraising and implementation